THE Court of Appeal sitting in Akure, the Ondo State capital, has thrown out an appeal filed by the candidate of the Peoples Democratic Party (PDP) in the 2019 general election, Osulwo Tibetan.
Tibetan had filed the appeal against the election of the lawmaker representing Okitipupa Constituency 2 in the House of Assembly, James Ololade-Gbegudu of the All Progressives Congress (APC).
Ololade-Gbedudu was sworn in after the Supreme Court sacked Mr. Sina Akinwunmi as a member of the Assembly and declared the former as the winner of the 2019 APC primaries.
It was months after the case was settled in favour of Ololade-Gbegudu that Tibetan approached the appellate court to grant him the permission to appeal the ruling of the Supreme Court as an interested party and declare him winner of the election.
Tibetan, through his counsel, Olusola Oke, said the court should have declared him winner of the election as it held that Akinwunmi, who participated in the election, did not win the party’s primaries.
Delivering judgment on Thursday through virtual proceeding, Justice O. F. Omoleye held that the suit contravened Section 285(11) & (12) of the 1999 Constitution (as amended), which stipulated that an appeal in a pre-election matter must be filed within 14 days from the date of the judgment, and that the appeal must be heard and determined within 60 days after same is filed.